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5.0. 6.0. EDSR 03-08-1999
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5.0. 6.0. EDSR 03-08-1999
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City Government
type
EDSR
date
3/8/1999
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3. COMPANY RESPONSIBILITIES <br /> 3.1. Financial Statements and Employee Reports. The <br /> Company shall provide EDA with "bookkeeper-prepared" quarterly financial <br /> statements and all available audited financial statements (Note: EDA does <br /> not require the Company to incur the cost of"audited" statements as a <br /> requirement of this agreement). The Company shall also provide EDA with <br /> detailed periodic data on all employees of the Company, including salaries, <br /> number and names of Company employees, titles and positions of each <br /> employee, and the names and positions of the Company's officers and Board <br /> members. <br /> 3.2. Annual Objectives. The Company shall maintain a <br /> written policy statement on a quarterly and annual basis defining its <br /> objectives with respect to its growth and development, and shall provide EDA <br /> with copies of such written policy statement. The Company shall also <br /> provide to EDA periodic reports on the Company's growth and development, <br /> as may be reasonably requested by EDA from time to time. <br /> 3.3. Regular Meetings. The Company shall conduct and hold <br /> regular periodic meetings with the EDA Executive Director and members of <br /> the EDA Commission as determined appropriate for the purpose of reviewing <br /> the Company's progress. The Company acknowledges that as part of the <br /> services provided to it hereunder, the Company shall receive advice and <br /> counsel from such Executive Director and EDA Commissioners. The <br /> Company shall hold and conduct such meetings at least once every quarter <br /> during the term of this Agreement. <br /> 3.4. Board Meetings. The Company shall provide EDA with <br /> written notice of, and allow an EDA representative or designee to attend, all <br /> regular and special meetings of the Company's Board of Directors and/or <br /> Board of Advisors (collectively the "Boards"), subject to the right of the <br /> Company's Board of Directors to conduct confidential deliberations without <br /> EDA attendance. Although an EDA representative or designee may offer <br /> guidance or advice to the Boards, no officer, director, agent, or employee of <br /> EDA shall be deemed a member of the Company's Boards. Any EDA <br /> representative or designee attending the meetings for the Company's Boards <br /> shall attend without a vote, without compensation, and without fiduciary or <br /> legal responsibility to the Company, its officers, directors, or stockholders. <br /> The Company shall indemnify the EDA, including its representative or <br /> designee attending such Board meetings, against all costs and liabilities to <br /> the same extent as the Company so indemnifies its officers and/or directors. <br /> • The EDA, or its representative or designee, shall hold all Company <br /> information in strict confidence. <br />
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